Two Mesa County Sheriff’s deputies will not face criminal charges in the death of Johnny Herrera, a 57-year-old man who became unresponsive after deputies restrained him during a stop near a Clifton gas station in August. In a letter detailing the investigation, 21st Judicial District Deputy District Attorney Dan Rubinstein said the evidence did not support charges against deputies Jeremiah Carbajal and Christopher Tinkle. He considered possible charges including murder, manslaughter, negligent homicide and assault. Deputies encountered Herrera shortly after midnight on Aug. 22, responding to a report of vandalism near the gas station. He had cuts that appeared consistent with breaking a nearby business’s window. Family members told law enforcement Herrera had schizophrenia and diabetes, and toxicology tests later found methamphetamine in his system. According to the investigative account, Herrera initially declined help for his injuries and asked for water. When deputies tried to handcuff him, he resisted, and they took him to the ground. Tinkle placed a knee on Herrera’s upper back near the shoulder blade, holding it there for about 45 seconds, including six seconds after handcuffs were applied. After Herrera tried to roll onto his side, deputies pinned him face down again, and Tinkle placed his knee on Herrera’s back for about 50 seconds. Body-camera audio recorded labored breathing after Tinkle removed his knee. About 45 seconds later, deputies rolled Herrera onto his side and called for an ambulance after finding him unresponsive. They administered naloxone and began chest compressions while waiting for medical help. The Mesa County Coroner’s Office determined Herrera died from mixed methamphetamine and bupropion intoxication, with obesity and law enforcement restraint contributing. Coroner Dean Havlik classified the death as a homicide, a medical determination that is distinct from a finding of criminal homicide. Rubinstein wrote that Havlik did not believe the deputies’ conduct created a substantial risk of death or appeared excessive. The case was investigated by the Critical Incident Response Team, a group made up of local law enforcement agencies that investigates incidents involving law enforcement. The investigation also drew attention to the sheriff’s office policy on prone restraint. Colorado’s 2024 law requires law enforcement agencies to publish their policies on prone restraints online. The Mesa County Sheriff’s Office acknowledged the relevant policy was not posted when asked about it; the office later published the document and said the omission was unintentional. The policy advises deputies to avoid prolonged pressure on a person’s back and to remove pressure once the person is restrained. It also directs deputies to seek medical assistance if someone shows signs of physical distress.